It depends on the warranty period of the drive. Your hard drive manufacturer knows precisely how long the drive will last and sets their warranty period to expire right before your drive gives up the ghost.
Not everyone lives in the EU. In fact, the majority of people don't.
Outside your regulation happy haven, warranty periods aren't random and do indicate durability under normal use.
Care to back that up with any real data instead of baseless consumer speculation relying on time travel?